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Reasons
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(영문) 서울서부지방법원 2018.05.10 2017나37939
사해행위취소
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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. Defendant B is bound by the mutual name of “E” and Defendant C and D are ancillarys of Defendant B.

Defendant B used each bank account in the name of C and D, one of his dependants.

B. Defendant B entered into the instant sales contract with Defendant C on May 11, 2012 with respect to each of the instant real estate owned by itself, and completed the registration of ownership transfer on May 17, 2012.

C. On December 26, 2016, Defendant C entered into the instant promise with Defendant D to sell and purchase the instant real estate, and completed the registration of the right to claim ownership transfer in the future of Defendant D.

[Ground of recognition] Facts without dispute, entries in Gap evidence 3 and 4 (including a provisional number, hereinafter the same shall apply), the purport of the whole pleadings

2. The part on the claims for loans against the Defendants

A. The Plaintiff’s summary of the Plaintiff’s assertion: (a) lent KRW 289,160,00 over 57 occasions from May 23, 201 to November 30, 2016 through Defendant C’s bank account; (b) received KRW 87,280,000 from Defendant C over 65 times; and (c) Defendant B and D paid KRW 105,150,000 over 18 times from December 28, 2014 to May 30, 2016; (d) leased KRW 34,00,000,000 over 23 times from Defendant D’s bank account; and (e) received KRW 30,000,000,000,000 over 30,000,0000,000,305,000,005,000 won out of loan or subrogation (i.e., customers’ expression)

Therefore, Defendant B is obligated to pay 67,50,000 won and delay damages therefor to the Plaintiff, and Defendant C is jointly and severally liable with Defendant B to pay 56,20,000 won out of the above amount, and Defendant D is jointly and severally liable with Defendant B to pay 11,350,000 won out of the above amount and delay damages for the above amount.

In reference, the Plaintiff is against the Defendant B and C in the first instance trial.

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